Case 9:08-cv-80119-KAM Document 58 Entered on FLSD Docket 03/04/2009

Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA-JOHNSON JANE DOE NO. 2, Plaintiff, V. JEFFREY EPSTEIN, Defendant. _____________ _,;/ DEFENDANT'S MOTION FOR EXTENSION OF TIME IN WHICH TO RESPOND TO PLAINTIFF'S SECOND AMENDED COMPLAINT Defendant, Jeffrey Epstein, (hereinafter "Epstein") by and through his undersigned attorneys, respectfully moves this Court for an extension of time in which to respond to Plaintiff's Second Amended Complaint dated February 27, 2009. Local General Rule 7.1 A.1 and Rule 6, Fed. R. Civ. P. (2009). Defendant seeks an extension until April 3, 2009, to file his response. As good cause in support of granting the motion, Defendant states: 1. Defendant's response to the Second Amended Complaint would be due on March 11, 2009 (10 days to respond, not including weekend). 2. Plaintiff's counsel also represents five (5) other Plaintiffs pursuing claims against Defendant, EPSTEIN. All Plaintiffs have also filed amended complaints bearing the same dates. In order to fully and adequately respond to this and the other complaints, Defendant is in need of an extension until April 3, 2009. 3. In addition to the multiple amended complaints, good cause for the extension also includes that counsel has been attempting to resolve discovery issues in this and Case 9:08-cv-80119-KAM Document 58 Entered on FLSD Docket 03/04/2009

Page 2 of 4 Jane Doe No. 2 v. Epstein Page 2 other cases against Defendant, EPSTEIN; an associate of Defendant's undersigned counsel who works extensively on this case was out of the office for two weeks during the month February caring for two of her children who had the flu, and the associate herself also caught the flu; Defendant's counsel is also in the midst of preparing for two state court trials - one on a March trial docket and the other specially set in mid-May, (OLD MARSH GOLF CLUB, INC. v. OLD MARSH PARTNERS, et al, Case No. 50 2006CA001667XXXXMBAD - set on trial docket beginning March 16, 2009; CARDIOPULMONARY & PRIMARY CARE ASSOC. OF TREASURE COAST, P.A v. LEWIS, M.D., Case No. 562008CA001726, specially set for trial beginning May 13 through 15, 2009). Discovery in both of these cases is ongoing with several depositions set to prepare for trial. 4. The requested extension is fair in reasonable under the circumstances as it will provide time to allow the Defendant, EPSTEIN, to fully and adequately respond to this and the other amended complaints. In addition, this action is still at its early stages. 5. As certified below, counsel for Defendant conferred with counsel for Plaintiff, and Plaintiff's counsel is in agreement with the requested extension. WHEREFORE, Defendant requests that this Court enter an order granting an Defendant an extension until April 3, 2009, in which to respond to the Second Amended Complaint. Local Rule 7.1 Statement Counsel for the movant conferred by telephone with counsel for the Plaintiff and Counsel for Plaintiff is in agreement with the requested extension until April 3, 2009 for Case 9:08-cv-80119-KAM Document 58 Entered on FLSD Docket 03/04/2009

Page 3 of 4 Jane Doe No. 2 v. Epstein Page 3 Defendant to respond to the Second Amended Complaint. Robert D. ritton, Jr. Attorney t r Defendant Epstein Certificate of Serv ce I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of reqo1s identified on the following Service List in the manner specified by CM/ECF on thi~ay of March, 2009: Stuart S. Mermelstein, Esq. Adam D. Horowitz, Esq. Mermelstein & Horowitz, P.A. 18205 Biscayne Boulevard Suite 2218 Miami, FL 33160 305-931-2200 Fax: 305-931-0877 [email protected] [email protected] Counsel for Plaintiff Jane Doe #2 Jack Alan Goldberger Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 561-659-8300 Fax: 561-835-8691 [email protected] Co-Counsel for Defendant Jeffrey Epstein Respectfully sub By: __ ___,,__ _____ _ ROBERT D CRITTON, JR., ESQ. Florida Bar No. 224162 [email protected] MICHAEL J. PIKE, ESQ. Florida Bar #617296 [email protected] BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Co-Counsel for Defendant Jeffrey Epstein) Case 9:08-cv-80119-KAM Document 58 Entered on FLSD Docket 03/04/2009